Explore how HPM Consultants brings clarity to complex scheduling,delay and damages disputes.
A significant loss event occurred during the construction of a 42-story luxury high-rise residential tower in Los Angeles, resulting in extensive property damage and several months of project delay. The incident gave rise to both a Builder’s Risk and Delay in Start-Up (DSU) insurance claim. The parties were unable to reach agreement on the extent to which the loss event affected the project schedule and ultimate completion date, leading to litigation in federal court.
The loss event disrupted the work of multiple trades and subcontractors, requiring extensive resequencing, recovery planning, and schedule acceleration efforts to mitigate the resulting delays. HPM Consultants was retained to evaluate the schedule impacts and prepare an independent expert opinion regarding the delay attributable to the loss event.
Our analysis included a comprehensive review of the contemporaneous project records, construction schedules, correspondence, and other project documentation to determine the most appropriate forensic schedule analysis methodology. Given the insurance coverage issues, the assignment required careful consideration of both scheduling principles and insurance claim requirements. Multiple recognized forensic delay analysis methodologies were applied, and the findings were presented in a clear, logical, and accessible manner for counsel and the court.
The appropriate delay analysis methodology became a central issue in the litigation, with the opposing expert relying on a substantially different analytical approach. Following briefing on a motion for summary judgment, the federal court accepted our methodology over that advanced by the opposing expert. Our rigorous analysis, grounded in industry best practices and supported by the contemporaneous project record, provided a strong technical foundation that significantly advanced our client’s position in the litigation.
5 Critical Questions Every Project Manager Should Ask A construction schedule is more than a project management tool. When delays, disruptions, or disputes arise, it can become a critical piece of evidence in determining what happened, why it happened, and who may be responsible. A schedule that looks complete on paper may still contain weaknesses […]
Every strong delay claim has a paper trail of decisions behind it. Those decisions get made months, sometimes years, before anyone sets foot in a courtroom. A careful construction delay analysis starts long before trial, not during it. Understanding what actually makes a claim defensible helps owners and contractors make smarter choices from day one. This […]
